Drunk Driving Offense

Operating an automobile or a motorized bicycle with a blood alcohol concentration of 0.03% or higher is punishable as drunk driving.

The higher the level, the more severe the license revocation and the criminal punishment become.

When a person refuses a police officer's request for a breathalyzer test, the crime of refusing a breathalyzer test is established.

It may be punished more severely than the actual drunk driving.

If a person assaults or threatens a police officer during a drunk driving check, the crime of obstruction of official duties applies.

In addition to simple drunk driving, aggravated punishment is imposed for a separate offense.

This is a crime established when a person operates an automobile or similar vehicle in a state where normal driving is difficult due to the influence of alcohol or drugs and thereby causes bodily injury to or the death of another person.

If a person causes an accident while drunk driving and flees without taking rescue measures, it is regarded as a drunk driving hit-and-run.

Because drunk driving and hit-and-run apply at the same time, aggravated punishment is imposed.

Driving under the influence without a license refers to the act of drinking and operating a vehicle while having no driver's license or while the license is revoked or suspended.

Because two offenses are established at the same time, the criminal liability becomes more severe.

This is a crime established when a person, while aware that the driver is intoxicated, allows or encourages the driving.

If an accident occurs, the person who aided the conduct may also bear civil and criminal liability, so particular caution is required.

Levels of Punishment for Obstruction of Official Duties

Levels of Punishment for Driving Without a License

Levels of Punishment for Dangerous Driving Causing Death or Injury

Levels of Punishment for Failure to Take Measures After an Accident (Hit-and-Run)

If a driver's license is revoked, the person cannot obtain a license again for a certain period depending on the grounds for the revocation.

To obtain a license again, the disqualification period for the driver's license must first pass.

After the disqualification period passes, the person can obtain a license again only after completing the mandatory special traffic safety education.

If you have been caught for a drunk driving offense or have been contacted by an investigative agency, you must appear at the police station or the prosecutors' office within a certain period to be questioned.

Because the content of your statement at this stage can directly affect not only the later level of criminal punishment but also the future trial outcome, it is important to organize the circumstances surrounding the case and to carefully review the direction of your response before the questioning.

If you have questioning ahead, the following advance preparation is necessary.

When a person is caught for a drunk driving offense, in order to reduce the punishment it is very important to accurately understand the specific situation one faces and the relevant sentencing guidelines, and then establish a response strategy suited to them.

This is because various factors, such as whether the person is a first-time or repeat offender, the level of the blood alcohol concentration, and whether an accident occurred, have a significant effect on the determination of punishment for a drunk driving accident.

Depending on the case, there are several ways that may reduce the level of punishment, so it is most important to examine your own situation carefully and respond systematically.

If you object to the revocation or suspension of a driver's license, you may file an objection with the Commissioner of the Metropolitan or Provincial Police Agency within 60 days from the date of receiving the disposition.

However, in order to receive mitigation of the administrative disposition through an objection, none of the following must apply.

In addition, regardless of whether an objection is filed, a person may separately seek relief from the administrative disposition through an administrative appeal, and where there is an objection to the result of the administrative appeal, an administrative litigation may also be filed.

The firm includes a number of experienced attorneys with an average of more than 10 years of practice.

Through close consultation with the client, the firm provides systematic assistance at each stage related to a drunk driving offense, including the police investigation, the prosecution investigation, and the trial.

In addition, if a derivative case arises, specialists suited to the case work together to continuously monitor the situation and respond promptly.

In cooperation with its in-house evidence investigation center, the firm lawfully collects evidence favorable to the client and develops the case strategy.

If you face punishment for a drunk driving offense, you may seek the assistance of a criminal defense attorney at Daeryun.